Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of May 16, 2003 No. 460-IIG

About legal protection of expressions of the Azerbaijani folklore

(as amended on 22-12-2020)

This Law governs the relations arising in connection with ensuring legal protection, use and protection of expressions of national folklore as special type of intellectual property being component of cultural heritage of Azerbaijan.

Section I. General provisions

Article 1. Basic concepts

1.1. The basic concepts used in this Law have the following values:

1.0.1. expressions of the Azerbaijani folklore (further - expressions of folklore) are the traditional art values created by the Azerbaijani people, its separate individuals and kept, reflecting in themselves, outlook, hopes and expectations, features of nature of art heritage created in oral type of expression of verbal art, folk music, game and dances, expressions of national trade and applied art of the Azerbaijani people (existing in material and non-material type), and also other types of folk art;

1.0.2. legal protection of expressions of folklore - protection of expressions of folklore from any illegal use and other actions causing them loss;

1.0.3. illegal use of expressions of folklore - violation of the requirements determined by this Law concerning use of expressions of folklore;

1.0.4. the actions causing loss to expressions of folklore - in the cases determined by this Law, use of expressions of folklore without exact specifying of its source, and also the geographical index of the place of origin and (or) the name of the people (society) to which belongs;

1.0.5. traditional use of expressions the folkloraispolzovaniye based on long experience of society without change of natural value, features of content and forms of expressions of folklore;

1.0.6. regular use of expressions of folklore - use of expressions of folklore according to daily requirement and need of society;

1.0.7. nonconventional and unusual use of expressions of folklore - use with change of natural value (essence), content or the purpose, appointment and art form of expressions of folklore;

1.0.8. use of expressions of folklore for commercial purposes - for the purpose of profit earning the publication, reproduction, distribution of copies, the public recitation and execution, transfer to ether and on cable of expressions of folklore, and also use in the form of any public message for bringing to public.

Article 2. The protected expressions of folklore

2.1. The expressions of folklore protected by this Law are the following works consisting of expressions of amateur and folk arts, national trade and applied art:

2.1.1. the labor, ceremonial and children's expressions of folklore, myths relating to verbal creativity, legends, legends, fairy tales, dastana, jokes, national dramas, proverbs, sayings, riddles, expressions of national and ashugsky poetry, bayata and other expressions of oral literature;

2.1.2. national songs and dancing melodies, national and professional music - ashugsky tunes, mugam-destgyakh, zerbi-mugama, tesnifa (vocal), reng (tool) and other musical expressions of folklore;

2.1.3. national dances, yawls, games, actions and holidays and other expressions of movement;

2.1.4. expressions of the felt applied art and folk art, including graphical professional - drawings, pictures, subject images, shadow drawings, stamping and carving works, works of sculpture, ceramics, clay products, mosaic, works on metal (metal processings), cast products from copper and bronze, silkworm breeding, rug weaving, works on copper, jewelry, tanning case, embroidery, case on weaving of baskets, tapestries, quarrystone, clothes as expression of folklore art, ornaments, patterns, musical instruments, joiner's, architectural case, and expressions, similar to it.

2.2. Creation of the protected expressions of folklore specified in Article

2.1. this Law, it is not limited to time and space, the created new expressions of folklore are also entered in the list protected and their legal protection is termless.

Article 3. Legislation of the Azerbaijan Republic on legal protection of expressions of the Azerbaijani folklore

3.1. The legislation of the Azerbaijan Republic on legal protection of expressions of the Azerbaijani folklore consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts and international treaties which the Azerbaijan Republic joined.

3.2. In case of contradiction between this Law and international treaties which the Azerbaijan Republic joined these international treaties are applied.

Article 4. Law coverage

This Law extends to the expressions of folklore created by the Azerbaijani people, its separate individuals and kept specified in article 2 of this Law.

Article 5. The main directions of policy of the state in the field of legal protection of expressions of folklore

5.1. The main directions of policy of the state in the field of legal protection of expressions of folklore following:

5.1.1. legal protection, development and the report of expressions of folklore to future generations;

5.1.2. creation of the legislation providing legal protection of expressions of folklore;

5.1.3. creation of conditions for international cooperation with the purpose of ensuring legal protection of the expressions of folklore belonging to the Azerbaijani people in the territory of foreign states.

5.2. It is cancelled.

Section II. Rules of use of expressions of folklore

Article 6. Requirements for use of expressions of folklore

6.1. Use of expressions of folklore in traditional and regular form, including with commercial purpose in the territory of the Azerbaijan Republic freely.

6.2. Use of expressions of folklore in nonconventional and unusual form, in case of any form of publication, copying and distribution of copies, any public recitation or execution, transfer to ether or on cable, and also any other forms of the public message, for the purpose of bringing to public without doing harm to its natural value and content, with possible change of the purpose, appointment and art form.

6.3. Legal entities and physical persons of other states can use expressions of folklore with commercial purpose outside the Azerbaijan Republic only based on permission of the organization created by relevant organ of the executive authority and on condition of introduction of payment for use. These means are transfered to account the organization created by relevant organ of the executive authority and spent for encouragement of intellectual creativity, and also for preserving and enrichment of expressions of folklore.

6.4. Procedure for provision of permission to use of other states of expressions of folklore by legal entities and physical persons with commercial purpose outside the Azerbaijan Republic and the amount of payment for use are established by relevant organ of the executive authority.

Article 7. Exceptions on use of expressions of folklore

7.1. Use of expressions of folklore is not accepted as nonconventional and unusual form in the following purposes:

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